NewsNBC Bay Area — PoliticsJune 30, 2026United States
Supreme Court Rules Birthright Citizenship Remains Constitutional
The Supreme Court struck down a Trump administration executive order that sought to end birthright citizenship for children born to parents in the U.S. unlawfully or temporarily. The 6-3 ruling affirmed that the 14th Amendment guarantees citizenship to anyone born on U.S. soil, with very limited exceptions.
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The ruling maintains the current legal status of children born in the U.S. to non-citizen parents, preventing the implementation of an that would have denied them automatic citizenship.
Key Facts
- The Supreme Court ruled 6-3 that the executive order limiting birthright citizenship is unconstitutional.
- The ruling affirms that children born in the U.S. to parents who are in the country unlawfully or temporarily are citizens at birth under the 14th Amendment.
- The executive order was signed by President Trump on his first day of his second term in January 2025.
- The 14th Amendment, ratified in 1868, provides citizenship to all persons born or naturalized in the U.S. and subject to its jurisdiction.
- Justice Brett Kavanaugh suggested that while the Constitution dictates citizenship, Congress has the authority to create exceptions through new legislation.
- The dissent by Justice Clarence Thomas was 91 pages long.
- The ruling impacts more than 250,000 babies born in the U.S. annually.
- The restrictions would have applied to both undocumented immigrants and legal residents, such as students and green card applicants.
- The court relied on the 1898 precedent of Wong Kim Ark, which established citizenship for U.S.-born children of foreign nationals.
Who's Mentioned
organizationPennsylvania State University“Research institution.”personSamuel Alito“Dissenting Justice.”organizationLeague of United Latin American Citizens“Plaintiff in the case.”personKetanji Brown Jackson“Justice in the majority.”organizationMigration Policy Institute“Research organization.”personDonald Trump“President who issued the executive order.”otherWong Kim Ark“1898 Supreme Court precedent.”personNeil Gorsuch“Dissenting Justice.”personBrett Kavanaugh“Justice who joined the majority but dissented in part regarding Congressional au”personSonia Sotomayor“Justice in the majority.”personJohn Roberts“Chief Justice who wrote the majority opinion.”personRoman Palomares“President of LULAC.”personD. John Sauer“Solicitor General who argued for the administration.”personAmy Coney Barrett“Justice in the majority.”other14th Amendment“Constitutional amendment governing citizenship.”personElena Kagan“Justice in the majority.”organizationFederation for American Immigration Reform“Advocacy group supporting immigration restrictions.”personClarence Thomas“Dissenting Justice.”